CRA assessed commercial efforts to develop and commercialize a MS drug with respect to obligations stemming from the acquisition of Genzyme Corporation by Sanofi-Aventis following shareholder concerns. In particular, CRA assessed the development strategy for the drug, including an assessment of its launch market access strategy and pricing strategy in various countries in the context of the drug’s attributes and existing available treatments. Further, CRA assessed Plaintiff theories of appropriate commercialization in connection with the achievement of contingent milestones associated with commercial sales.
Earnouts in M&A: Risk allocation, incentives, and post-closing disputes
He examines a recent Delaware Supreme Court case between Johnson & Johnson and Auris Health, Inc., illustrating how courts would uphold the negotiated terms of...